Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2024as amendedmade under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 and subregulations 5(1) and (1A) of the Civil Aviation Regulations 1988.This compilation was prepared on 9 July 2026 and includes amendment F2026L00923. It is a compilation of Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2024, as amended and in force on 9 July 2026.
Note In this Order, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include: aircraft flight manual instructions, amateur-built aircraft, ASAO, authorised person, aviation safety radio frequency, certificate of airworthiness, exposition, flying training, inoperative, light sport aircraft, maximum take-off weight, modification/repair design approval, pilot certificate, restricted area, sport aviation body, special certificate of airworthiness, type certificated, VFR, VMC and VMC criteria.5.1 In this Order, unless the contrary intention appears:acceptable correcting lenses means correcting lenses (which may be a pair of spectacles or a combination of contact lenses and a pair of spectacles) to satisfy the requirements of item 1.36 of table 67.150 of CASR.Act means the Civil Aviation Act 1988.automatic ELT has the meaning given by section 26.50 of the Part 91 MOS.aviation English language proficiency assessment has the meaning given by regulation 61.010 of CASR.Aviation Medical Certificate (Basic Class 2) means a certificate issued by CASA to a person, under a legislative instrument made by CASA, on the basis that the person meets the medical standard basic class 2, as the medical standard exists at the time CASA issues the certificate.Note At the time of making Civil Aviation Order 95.55 Amendment Instrument 2026, an Aviation Medical Certificate (Basic Class 2) is issued under CASA EX11/25 — Medical Certification (Basic Class 2 Medical Certificate) Exemption 2025 (freely available to view or download at <https://www.legislation.gov.au/F2025L00270>).Aviation Medical Guidelines means the document entitled Guidelines – Medical Assessment for Aviation, as published by CASA from time to time.Note At the time of making Civil Aviation Order 95.55 Amendment Instrument 2026, version 1.1 (dated September 2025) of the Guidelines – Medical Assessment for Aviation was freely available to view or download on CASA’s website at <https://casa.gov.au>.CAO 20.18 means Civil Aviation Order 20.18, as in force immediately before the commencement of the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021.close relative, of a person, means the spouse or a parent, child or sibling of the person.competent issuing authority, in relation to a certificate, approval or other document for an aeroplane, means the NAA of a Contracting State or any other body that CASA has accepted in writing as competent to issue such documents for such aeroplanes.conditional private driver licence means a private driver licence issued by a driver licensing authority of a State or Territory as a conditional licence in accordance with a law in force in the State or Territory and that is issued subject to any of the following conditions:(a) that the holder must wear correcting lenses at all times while driving;(b) that the holder is only authorised to drive during daylight hours;(c) that the holder must drive only a motor vehicle that is fitted with a specified driver aid or that is modified as directed by the driver licensing authority or as printed on the licence;(d) that the driver is regularly medically assessed for fitness to drive.controlled aerodrome endorsement has the same meaning as in Division 61.G.2 of CASR.controlled airspace endorsement has the same meaning as in Division 61.G.2 of CASR.current:(a) for an Aviation Medical Certificate (Basic Class 2) — means the period beginning from when the certificate is issued by CASA and ending at the time and date of expiry, as recorded on the certificate; and(b) for a class 1 medical certificate — has the meaning given by regulation 61.010 of CASR; and(c) for a class 2 medical certificate — has the meaning given by regulation 61.010 of CASR; and(d) for a record of class 5 medical self-declaration, means:(i) the renewal date specified in the record has not passed; and(ii) the person to whom CASA gave the record has not been required to surrender the record for one of the reasons mentioned in paragraph 9C.4;(e) for a recreational aviation medical practitioner’s certificate — has the meaning given by regulation 61.010 of CASR; and(f) for an aviation English language proficiency assessment — has the meaning given by regulation 61.010 of CASR.disqualifying medical condition means any of the following:(a) epilepsy and other seizure disorders, or diseases that could cause seizures;(b) blackouts or other sudden alterations of consciousness, or diseases that could cause these;(c) insulin-treated diabetes;(d) high-risk pregnancy;(e) lung disease that requires oxygen therapy;(f) intracranial malignancies;(g) visual field or visual acuity that does not meet the private vehicle driver standards set out in the publication Assessing fitness to drive for commercial and private vehicle drivers, as existing from time to time;Note At the time of making Civil Aviation Order 95.55 Amendment Instrument 2026, the publication titled Assessing fitness to drive for commercial and private vehicle drivers, 6th edition, 2022 is freely available by searching for the publication title on the Austroads Publications page, located at <https://austroads.gov.au/publications>.(h) hearing loss that means the person is unable to understand conversational voice at a distance of 2 metres at the time of the assessment, whether unaided or with the assistance of a medically prescribed hearing aid;(i) any neurological or other functional impairment that causes the person not to be able to operate the flight controls safely in all circumstances when in the flying environment;(j) any musculoskeletal disability, disorder or disease of the bones, joints, muscles, or tendons, which would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls;(k) any other abnormality, disability, or disease (active or latent) or injury that can become suddenly and unpredictably safety-relevant in the flying environment;(l) any other medical condition that makes a person unable to safely perform all required aspects of the flying task that the person intends to perform;(m) any disease or condition that reduces the capacity of a person to undertake the online self-assessment of medical fitness process, including to make a declaration or give an undertaking as part of that process, including, but not limited to, the following:(i) dementia or other memory disorders, including, but not limited to, Alzheimer’s disease, vascular dementia and Lewy Body dementia;(ii) psychotic disorders or psychiatric diseases with psychotic features, including, but not limited to, schizophrenia and bipolar disorder;(iii) any other disease that includes cognitive impairment or decline as a known part of the natural history of the disease, including, but not limited to, Parkinson’s disease and traumatic brain injury.disqualifying medication or substance means any of the following medications or substances that, if taken or used regularly at the dosage or amount taken by the person concerned, may reduce the person’s capacity to safely perform all required aspects of the flying task that the person intends to perform, or to undertake the online self-assessment of medical fitness process (including making a declaration or giving an undertaking as part of that process):(a) benzodiazepines and other sedatives, including, but not limited to, diazepam and alprazolam;(b) antipsychotics, including, but not limited to, olanzapine, quetiapine, and aripiprazole;(c) tricyclic antidepressants, including, but not limited to, amitriptyline;(d) mood stabilising medications, including, but not limited to, lithium and sodium valproate;(e) narcotic analgesics, including, but not limited to, hydromorphone, codeine, morphine, and oxycodone;(f) pain-modifying medications, including, but not limited to, gabapentin and pregabalin;(g) Δ9-tetrahydrocannabinol;(h) 6-Acetyl morphine;(i) Amphetamine;(j) Benzoylecgonine;(k) Cocaine;(l) Codeine;(m) Dexamphetamine;(n) Methylamphetamine;(o) Methylenedioxyamphetamine;(p) Methylenedioxymethylamphetamine;(q) Morphine;(r) any medication that causes the pilot to have an alteration in sensory function, motor function or cognition.flight radio endorsement has the same meaning as in Division 61.G.2 of CASR.flying instructor authorisation, in relation to a relevant aeroplane, means an authorisation, however described, that:(a) is issued to a person (the holder) by the relevant sport aviation body in accordance with its operations manual or, if the sport aviation body is an ASAO, its exposition; and(b) confers privileges on the holder to conduct flying training in the aeroplane.kit-built aeroplane means:(a) in the case of a light sport aircraft — an aeroplane that:(i) has been assembled from a kit manufactured by a qualified manufacturer and in relation to which the applicant can give the information, statement and documents required by paragraph 21.193(e) of CASR; and(ii) has been assembled in accordance with the kit manufacturer’s instructions for assembling the aeroplane; and(iii) is of the same make and model as an aeroplane covered by regulation 21.186 of CASR that has been issued with a special certificate of airworthiness; and(b) in any other case — an aeroplane that has been assembled by a person who undertook the assembly solely for the person’s own education or recreation from a kit supplied by a commercial manufacturer.light sport aircraft (experimental) means a light sport aircraft:(a) that is an aeroplane; and(b) to which paragraph 21.191(j) or (k) of CASR applies; and(c) for which an experimental certificate:(i) is in force under regulation 21.195A of CASR; or(ii) would be in force were it not for the operation of subregulation 21.195B(4) of CASR.light sport aircraft (production) means a light sport aircraft:(a) that is an aeroplane; and(b) that was manufactured by a qualified manufacturer within the meaning of regulation 21.172 of CASR; and(c) for which a special certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186 of CASR is in force, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR.lightweight aeroplane means an aeroplane (other than a light sport aircraft or ultralight aeroplane):(a) that is a single-place or two-place aeroplane; and(b) that has a single engine and a single propeller; and(d) that has a maximum take-off weight:(i) if it is not equipped to operate on water — greater than 600 kilograms but not exceeding 760 kilograms; or(ii) if it is equipped to operate on water — greater than 650 kilograms but not exceeding 760 kilograms; and(e) for which:(i) a certificate of airworthiness is in force under regulation 21.176 of CASR, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR; or(ii) in the case of an amateur-built or kit-built aeroplane — an experimental certificate is in force under regulation 21.195A of CASR, or would be in force were it not for the operation of subregulation 21.195B(4) of CASR.listed: an aeroplane is listed with a sport aviation body if:(a) the sport aviation body’s approved function is or includes administering the aeroplane; and(b) the sport aviation body holds a record of:(i) a description of the aeroplane (by reference to its make, model and serial number or construction number) and the identity of the aeroplane’s operator; and(ii) the identifying mark issued for the aeroplane by the sport aviation body in accordance with its operations manual or technical manual or, if the sport aviation body is an ASAO, its exposition; and(c) in the case of a Part 149 aircraft within the meaning of the Part 149 Manual of Standards — the aeroplane is registered with an ASAO in accordance with section 14 of the Part 149 Manual of Standards.medical condition — see paragraph 5.3.medically significant condition has the meaning given by subregulation 67.010(1) of CASR.medical practitioner means a person entitled to practice as a medical practitioner under a law of a State or Territory.medical standard basic class 2 means the commercial vehicle driver medical standards that apply to drivers of heavy vehicles, public passenger vehicles or vehicles carrying dangerous goods, published by Austroads, without conditions or restrictions other than a requirement to wear glasses or a hearing aid.Note At the time of making Civil Aviation Order 95.55 Amendment Instrument 2026, the commercial vehicle driver medical standards mentioned in the definition of medical standard basic class 2 are included in the publication titled Assessing fitness to drive for commercial and private vehicle drivers, 6th edition, 2022. That publication is freely available by searching for the publication title on the Austroads Publications page, located at <https://austroads.gov.au/publications>.NAA, of a Contracting State, means the national airworthiness authority of the Contracting State.needs correcting lenses, in relation to a person, means a person:(a) who would fail to qualify for a record of class 5 medical self-declaration where the only medical condition causing such a failure would relate solely to the person’s ophthalmic condition for which the normal use of prescribed refractive correcting lenses is the only medical requirement; and(b) whose visual acuity is corrected by their lenses to:(i) at least 6/12 in 1 eye; and(ii) at least 6/18 in the other eye; and(iii) at least 6/12 in both eyes together; and(c) whose record of class 5 medical self-declaration includes the following information:“The person to whom this record of class 5 medical self-declaration relates must wear correcting lenses at all times when relying on this medical self-declaration in the exercise of functions and privileges for aviation purposes.”.online self-assessment of medical fitness process means the process described in subsection 9B.Note The steps in the online self-assessment of medical fitness process, listed in subsection 9B, include a requirement that the person involved is provided with a copy of the Aviation Medical Guidelines.operations manual, in relation to the relevant sport aviation body for a relevant aeroplane, means the manual, approved from time to time by CASA, that contains the practices, procedures, instructions and other information by which the sport aviation body ensures the operational safety of the aeroplane in accordance with the civil aviation legislation.operative, for anything, means that the thing is not inoperative.Order means Civil Aviation Order.Part 61-equivalent controlled aerodrome endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements that are, under the RAAus exposition, equivalent to the standards for:(a) a controlled aerodrome endorsement issued under Part 61 of CASR; and(b) a flight radio endorsement issued under Part 61 of CASR.Note 1 The controlled aerodrome endorsement standards under Part 61 of CASR are mentioned in Appendix G.5 of Schedule 1, and in Schedule 2, to the Part 61 MOS.Note 2 The flight radio endorsement standards under Part 61 of CASR are mentioned in Appendix G.7 of Schedule 1, and in Schedule 2, to the Part 61 MOS.Part 61-equivalent controlled airspace endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements, under the RAAus exposition, equivalent to the standards for:(a) a controlled airspace endorsement issued under Part 61 of CASR; and(b) a flight radio endorsement issued under Part 61 of CASR.Note 1 The controlled airspace endorsement standards under Part 61 of CASR are mentioned in Appendix G.6 of Schedule 1, and in Schedule 2, to the Part 61 MOS.Note 2 The flight radio endorsement standards under Part 61 of CASR are mentioned in Appendix G.7 of Schedule 1, and in Schedule 2, to the Part 61 MOS.Part 61 MOS means the Part 61 Manual of Standards Instrument 2014, as in force from time to time.Part 91 MOS means the Part 91 Manual of Standards.pilot authorisation means a pilot certificate, or a rating or endorsement on a pilot certificate, and includes, without limitation, a flying instructor authorisation.pilot authorisation applicant means a person who has applied to RAAus for the grant of a pilot authorisation (whether or not the person has applied after a pilot authorisation they held was cancelled).private driver licence means a private driver licence issued by a driver licensing authority of a State or Territory in accordance with a law in force in the State or Territory authorising the holder to drive:(a) a motor vehicle with a maximum loaded mass that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver); or(b) a car-based motor tricycle; or(c) a motor bike; or(d) a motor trike (other than a car-based motor tricycle) that does not have a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van; or(e) any tractor or implement.problematic use of a substance means the use of one or more psychoactive substances by aviation personnel in a way that:(a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or(b) causes or worsens an occupational, social, mental or physical problem or disorder.Note This definition is based on the definition of Problematic use of substances in section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.psychoactive substance means:(a) alcohol; or(b) opioids; or(c) cannabinoids; or(d) sedatives and hypnotics; or(e) cocaine; or(f) any other psychostimulants, hallucinogens, and volatile solvents, excluding caffeine or nicotine.Note This definition is based on the definition of Psychoactive substances in section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.RAAus means Recreational Aviation Australia Limited.RAAus appointed person, in relation to the inspection of a record of class 5 medical self-declaration, means a person who:(a) is appointed by RAAus in its capacity as an ASAO to perform an approved function on its behalf; and(b) has duties and responsibilities, set out in the RAAus exposition for an appointed person, conducting audits or surveillance in relation to an approved function of RAAus mentioned in section 20 or 21 of the Part 149 Manual of Standards.Note 1 Under subsection 149.220(2) of CASR, an ASAO must maintain a register containing particular information for each person appointed by the ASAO to perform an approved function on behalf of the ASAO.Note 2 Subsection 20(1) of the Part 149 Manual of Standards prescribes the aviation administration function of administering the flight operations of a Part 149 aircraft, including authorising individuals to perform a duty essential to the operation of the aircraft. Subsections 20(2) to (6) set out the scope of the function, along with activities and authorisations administered under the function. Subsection 21(1) prescribes the aviation administration function of administering a person that conducts flying training, or flight tests, in relation to a Part 149 aircraft (a Part 149 flying training organisation). Subsections 21(2) to (4) set out the following:(a) the scope of the function;(b) under the function, a person may be authorised to be a Part 149 flying training organisation that, for the aircraft, does one or more of the activities mentioned in subsection (3);(c) the circumstances in which a Part 149 training organisation conducts flying training, or a flight test, in relation to the aircraft.RAAus restricted pilot means a person who:(a) holds a student pilot certificate, a converting pilot certificate or a pilot certificate, issued by or under the delegated authority of RAAus; and(b) is authorised to fly a solo flight by a person approved by RAAus, in accordance with the RAAus exposition, to conduct flying training.record of class 5 medical self-declaration, in relation to a person, means a document given to the person by CASA to acknowledge that the person has successfully completed the online self-assessment of medical fitness process.recreational aviation medical practitioner’s certificate has the meaning given by regulation 61.010 of CASR.regularly taking or using, in relation to the taking or using of a medication or substance by a particular person, means taking or using the medication or substance on most days, in circumstances in which the disease or symptoms for which the person is taking or using the medication or substance can be expected to become significantly worse if the medication or substance is not taken or used on most days.relevant aeroplane means an aeroplane to which this Order applies under subsection 4.relevant sport aviation body, in relation to an aeroplane, person or activity means a sport aviation body whose approved function is, or includes, administering the aeroplane, person or activity (whether or not the sport aviation body is an ASAO).renewal date, in relation to a person’s record of class 5 medical self-declaration, means the date specified in it as the date when the self-declaration ends (unless the person has been earlier required to surrender the self-declaration), which will be:(a) 5 years after the date of successful completion of the self-assessment process set out in subsection 9B — in the case of a person who was younger than 40 when that process was successfully completed and does not also hold a conditional private driver licence; or(b) 2 years after the date of successful completion — in the case of a person:(i) who was younger than 40 when that process was successfully completed and who holds a conditional private driver licence; or(ii) who was between 40 and 75 years old when that process was successfully completed; or(c) 1 year after the date of successful completion — in the case of a person who was 75 years old or older when that process was successfully completed.SAB flight permit: see subsection 5A.safety-relevant, in relation to a medical condition, means a condition that reduces, or is likely to reduce, the ability of someone who has it to:(a) in the case of a RAAus restricted pilot — conduct a solo flight; or(b) in the case of a pilot authorisation applicant — undertake a flight test in an aircraft; or(c) in the case of a person who holds a pilot authorisation — exercise the privileges of the authorisation in a single-pilot operation in an aircraft.single-place aeroplane means an aeroplane that has been designed, manufactured or certificated to carry only the pilot and no other persons.SSR has the meaning given by section 26.67 of the Part 91 MOS.successfully completed the online self-assessment of medical fitness process — see subsection 9B.suitable landing area means an area in which a relevant aeroplane may be landed without endangering the safety, or damaging the property, of persons unconnected with the operation of the aeroplane.surveillance equipment has the meaning given by section 26.67 of the Part 91 MOS.survival ELT has the meaning given by section 26.51 of the Part 91 MOS.technical manual means the manual issued by a relevant sport aviation body and approved in writing from time to time by CASA that contains:(a) airworthiness, design and maintenance standards; and(b) aeronautical practices and test procedures and processes;in accordance with the civil aviation legislation, for aeroplanes listed with the sport aviation body.transponder has the meaning given by section 26.67 of the Part 91 MOS.two-place aeroplane means an aeroplane that has been designed, manufactured or certificated to carry the pilot and no more than one other person.ultralight aeroplane means an aeroplane (other than a light sport aircraft or lightweight aeroplane) that:(a) is a single-place or two-place aeroplane; and(b) has a single engine and a single propeller; and(c) has a Vs0 stall speed not exceeding 45 knots; and(d) has a maximum take-off weight not exceeding:(i) if it is not equipped to operate on water — 600 kilograms; or(ii) if it is equipped to operate on water — 650 kilograms; and(e) is one of the following:(i) an aeroplane to which Schedule 1 to Civil Aviation Amendment Order (No. R92) 2004 (also known as section 101.28 of the Civil Aviation Orders), as in force from time to time, applies, that meets the design standards specified in that Schedule;(ii) an aeroplane mentioned in paragraph 1.1 of Schedule 1 to the Civil Aviation Amendment Order (No. R94) 2004 (also known as section 101.55 of the Civil Aviation Orders), as in force on 31 May 2016;(iii) an aeroplane mentioned in paragraph 1.2 of Schedule 1 to the Civil Aviation Amendment Order (No. R94) 2004 (also known as section 101.55 of the Civil Aviation Orders), as in force on 31 May 2016, that meets the design standards specified in that Schedule;(iv) an aeroplane to which Air Navigation Order section 95.25 as in force on 25 March 1985 applies (known as an old section 95.25 aeroplane);(v) an amateur-built or kit-built aeroplane;(vi) an aeroplane:(A) of a type for which a type certificate, a certificate of type approval or equivalent document has been issued by a competent issuing authority; and(B) that has been manufactured for sale by the holder of a certificate or equivalent document, permitting the manufacture of aeroplanes of that type, issued by CASA or a competent issuing authority.Vs0 stall speed, as determined by design standards or certification requirements for an aeroplane, is the stalling speed, or minimum steady flight speed, at which the aeroplane is controllable with:(a) wing flaps in the landing position; and(b) landing gear extended; and(c) engine idling with the throttle closed; and(d) centre of gravity in the most forward position; and(e) maximum take-off weight.5.2 A reference in this Order to a class of airspace is a reference to the volumes of airspace of that class, as determined by CASA in the Determination of Airspace and Controlled Aerodromes, Etc. (Designated Airspace Handbook) Instrument, as in force from time to time.5.3 A reference in this Order to a medical condition (other than pregnancy, a consequence of pregnancy or the termination of a pregnancy) includes both such a condition that is congenital and one that is the result of injury or illness.
Note CASA may, by an approval under subsection 12, authorise a person to fly a relevant aeroplane otherwise than in accordance with a condition in this subsection.8.1 The general conditions in paragraphs 8.2 to 8.14 apply in relation to a relevant aeroplane.8.2 A relevant aeroplane must be listed with:(a) in the case of a lightweight aeroplane — a relevant sport aviation body that is an ASAO; or(b) in any other case — a relevant sport aviation body.Note A lightweight aeroplane can only be listed with an ASAO.8.3 A relevant aeroplane must not be used for the carriage of passengers or cargo for hire or reward.8.4 A relevant aeroplane must not be used unless it is for one or more of the following purposes:(a) private operations including glider towing, but not including an aerial application operation within the meaning of regulation 137.010 of CASR;(b) the aerial inspection, conducted as a private operation, of livestock, fencing or farm or pastoral equipment that is located on land owned by, or under the control of, the pilot or a close relative of the pilot;(c) in the case of a two-place ultralight aeroplane to which subparagraph (e)(ii), (iii), (iv) or (vi) of the definition of ultralight aeroplane (in paragraph 5.1) applies — flying training to enable a person to obtain a pilot certificate, rating or endorsement;(d) in the case of a two-place aeroplane for which a certificate of airworthiness is in force under regulation 21.176 of CASR, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR — flying training to enable a person to obtain a pilot certificate, rating or endorsement;(e) in the case of a two-place aeroplane that is an amateur-built aeroplane, a kit-built aeroplane or an aeroplane for which an experimental certificate is in force under regulation 21.195A of CASR, or would be in force were it not for the operation of subregulation 21.195B(4) — flying training to enable:(i) any owner or part-owner who contributed to its fabrication and assembly to obtain a pilot certificate, rating or endorsement; or(ii) any owner or part-owner who did not contribute to its fabrication and assembly to obtain a rating or endorsement.8.5 Subject to any other conditions in this Order, a person must not operate a relevant aeroplane as pilot in command unless the person:(a) holds a pilot authorisation granted by the relevant sport aviation body; and(b) operates the aeroplane in accordance with the privileges and limitations of the pilot authorisation (including, in the case of a lightweight aeroplane, the limitations mentioned in subsection 8A); and(c) operates the aeroplane in accordance with any applicable requirements or provisions of the relevant sport aviation body’s operations manual or technical manual or, if the sport aviation body is an ASAO, its exposition.8.6 If a relevant aeroplane is used for flying training, the person conducting the training must hold a flying instructor authorisation that authorises the holder to exercise flight instruction privileges in relation to the aeroplane.8.7 A person must not operate a type certificated ultralight aeroplane that has been repaired, or modified to differ from its type design, unless the repair or modification is:(a) designed in accordance with 1 of the following:(i) an approval under regulation 35 of CAR, as in force before 27 June 2011;(ii) a modification/repair design approval;(iii) an approval mentioned in regulation 21.475 of CASR;(iv) an approval under regulation 21.465 or 21.470 of CASR;(v) a CASA specification in or under an airworthiness directive;(vi) a specification in the aeroplane’s approved maintenance data;(vii) an RAAus approval in accordance with a process for the approval of modifications and repairs specified in the RAAus exposition — but only if:(A) RAAus is the relevant sport aviation body; and(B) a certificate of airworthiness under regulation 21.176 of CASR is not in force for the aeroplane (other than because of the operation of paragraph 21.181(4)(a) of CASR); and(b) carried out in accordance with the approval or the specified design.Note Sub-subparagraph 8.7(a)(vii) does not apply to the modification or repair of a type certificated ultralight aeroplane if a certificate of airworthiness under regulation 21.176 of CASR is in force or would be in force but for the operation of paragraph 21.181(4)(a) of CASR.8.8 A person must not operate a type certificated lightweight aeroplane that has been repaired, or modified to differ from its type design, unless the repair or modification is:(a) designed in accordance with:(i) an approval under regulation 35 of CAR, as in force before 27 June 2011; or(ii) a modification/repair design approval; or(iii) an approval mentioned in regulation 21.475 of CASR; or(iv) an approval under regulation 21.465 or 21.470 of CASR; or(v) a CASA specification in or under an airworthiness directive; or(vi) a specification in the aeroplane’s approved maintenance data; and(b) carried out in accordance with the approved or specified design.8.9 A person operating an amateur-built or kit-built relevant aeroplane must ensure that:(a) the aeroplane was inspected before its initial flight by a person authorised under paragraph 8.13; and(b) if any condition or operational limitation has been imposed under paragraph 8.14 — the aeroplane is operated subject to that condition or limitation.8.10 Regulation 91.875 of CASR (except paragraphs 91.875(2)(d) and (i)) applies in relation to ultralight aeroplane (other than a type certificated ultralight aeroplane) as if the ultralight aeroplane were an experimental aircraft and an experimental certificate were in force for the aeroplane.8.11 A person maintaining a relevant aeroplane, other than a lightweight aeroplane, must hold the qualifications for the maintenance activity required by, and maintain the aeroplane in accordance with any applicable requirements or provisions of, the sport aviation body’s operations manual or technical manual or, if the sport aviation body is an ASAO, its exposition.8.12 Subject to paragraph 8A.2, a lightweight aeroplane must be maintained in accordance with Part 4A of CAR.Note Other than in accordance with paragraph 6.3, persons are not exempted from Parts 4 to 4D of CAR in relation to lightweight aeroplanes. However, CASA 18/22 — Maintenance (Certain Amateur-built, Kit-built and Light Sport Aircraft) Instrument 2022 authorises certain persons involved in the fabrication or assembly of certain amateur-built and kit-built aircraft to carry out maintenance on such aircraft in Australian territory, and to perform certain functions in respect of maintenance of such aircraft, subject to conditions.8.13 For subparagraph 8.9(a), a person must be authorised to inspect the amateur-built, or the kit-built, aeroplane before its initial flight, by:(a) the relevant sport aviation body’s:(i) operations manual or technical manual; or(ii) if the relevant body is an ASAO — exposition; or(b) CASA.8.14 For the purposes of regulation 11.245 of CASR, a person who inspects an aeroplane under paragraph 8.9 is directed to impose any conditions or operational limitations in relation to the operation of the aeroplane that the person considers necessary to preserve a level of aviation safety that is at least acceptable.8.15 The direction mentioned in paragraph 8.14 ceases to be in force at the end of 1 December 2027.
9A.1 For sub-subparagraph 9.1(j)(ii), a person must not operate a relevant aeroplane at a controlled aerodrome, or in Class A, B, C or D airspace or a restricted area, unless the requirements of paragraphs 9A.2 to 9A.7 are met.9A.2 For paragraph 9A.1, the requirements are:(a) a certificate of airworthiness under regulation 21.176 of CASR is in force for the aeroplane, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR; or(b) in the case of an ultralight aeroplane of a kind mentioned in subparagraph (e)(ii), (iii) or (vi) of the definition of ultralight aeroplane in paragraph 5.1:(i) an SAB flight permit is in force for the aeroplane; and(ii) CASA, an authorised person, or the relevant sport aviation body has imposed no conditions or limitations on the operation of the aeroplane that would prevent the flight; or(c) in the case of any other aeroplane:(i) an experimental certificate under regulation 21.195A of CASR is in force for the aeroplane, or would be in force were it not for the operation of subregulation 21.195B(4) of CASR; or(ii) an SAB permit is in force for the aeroplane.9A.3 For paragraph 9A.1, the requirements are:(a) the aeroplane is fitted with a radio capable of two-way communication with air traffic control; and(b) for an aeroplane to which subparagraph 9A.2(a) applies:(i) the aeroplane complies with the requirements of subsection 26.01(3) and Division 26.16 of the Part 91 MOS in relation to the fitting and operation of surveillance equipment, subject to the variations set out in paragraph 9A.8; and(ii) surveillance equipment fitted to comply with section 26.68 of the Part 91 MOS must be operative except as prescribed by section 26.73 of the Part 91 MOS; and(c) for an aeroplane mentioned in subparagraph 9A.2(b) or (c):(i) the aeroplane complies with the requirements of subsection 26.01(3) and Division 26.16 of the Part 91 MOS in relation to the fitting and operation of surveillance equipment, subject to the variations set out in paragraph 9A.8, as if the aeroplane is a relevant aircraft within the meaning given by section 26.66 of the Part 91 MOS; and(ii) surveillance equipment fitted to comply with section 26.68 of the Part 91 MOS must be operative except as prescribed by section 26.73 of the Part 91 MOS; and(d) the pilot in command of a relevant aeroplane complies with the requirements of Division 26.16 of the Part 91 MOS mentioned in paragraphs (b) and (c).9A.4 For paragraph 9A.1, the requirements are that the pilot in command of a relevant aeroplane must hold a current certificate or record of one of the following kinds:(a) an Aviation Medical Certificate (Basic Class 2);(b) a class 1 medical certificate;(c) a class 2 medical certificate;(d) a record of class 5 medical self-declaration;(e) a recreational aviation medical practitioner’s certificate.9A.5 For paragraph 9A.1, the requirements are that the pilot in command of a relevant aeroplane must not operate a relevant aeroplane at a controlled aerodrome, or in Class A, B, C, D airspace or a restricted area, unless:(a) if the pilot is an RAAus restricted pilot —the pilot is, in relation to English language proficiency, authorised or qualified to transmit on an aviation safety radio frequency in accordance with the RAAus exposition; and(b) if the pilot is not an RAAus restricted pilot — the pilot has a current aviation English language proficiency assessment; and(c) the pilot is carrying a copy of a current certificate or record mentioned in paragraph 9A.4.9A.6 For paragraph 9A.1, in relation to operating at a controlled aerodrome, the requirements are that the pilot in command of a relevant aeroplane:(a) holds a pilot licence with an aircraft category rating, the valid privileges of which include operating at a controlled aerodrome, and has a valid flight review for the aeroplane’s class rating under Part 61 of CASR; or(b) holds a Part 61-equivalent controlled aerodrome endorsement; or(c) is undertaking one of the following activities in accordance with requirements specified in, or authorised by or under, the RAAus exposition:(i) flying training for a pilot authorisation;(ii) taking a flight test for a pilot authorisation;(iii) meeting the aeronautical experience requirements for a pilot authorisation.9A.7 For paragraph 9A.1, in relation to operating in Class A, B, C, D airspace or a restricted area, the requirements are that the pilot in command of a relevant aeroplane:(a) holds a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace, and has a valid flight review for the aircraft’s class rating under Part 61 of CASR; or(b) holds a Part 61-equivalent controlled airspace endorsement; or(c) is undertaking one of the following activities in accordance with requirements specified in, or authorised by or under, the RAAus exposition:(i) flying training for a pilot authorisation;(ii) taking a flight test for a pilot authorisation;(iii) meeting the aeronautical experience requirements for a pilot authorisation.9A.8 For the purposes of subparagraphs 9A.3(b) and (c), the variations are that the following provisions of the Part 91 MOS apply as if the references in the provisions to an “approved Mode S transponder” were references to an “approved transponder”:(a) subparagraph (c)(i) in column 3 of items 3, 3A and 4 of Table 26.68(2); and(b) subparagraph (c)(i) in column 3 of item 2 of Table 26.68A(3).Note 1 Subsections 8 and 8A contains general pilot authorisation requirements.Note 2 Regulation 91.285 of CASR additionally requires a person to hold an approval under regulation 91.045 of CASR to conduct a VFR flight in Class A airspace.Note 3 Certain ultralight aeroplanes operated by approved flight training schools may operate in Class D airspace in accordance with CASA EX65/25 — Flight of Certain Ultralight Aeroplanes in Class D Airspace (Approved Flight Training Schools) Instrument 2025.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.